Content Related To 'dwi'

Before Arrest : the DWI Traffic Stop

Lea en español Last update: Aug. 29, 2008 Reasonable Suspicion and Probable Cause Contrary to popular belief, police officers are not required to have probable cause to pull over a person. All they must have is a reasonable suspicion that a crime has been or is about to be committed. This is a lower standard […]

After Arrest for DUI/DWI: The Legal Process

Lea en español Last update: Aug. 29, 2008 Typically after a DWI arrest, a suspect is taken to jail and given a chance to perform more sobriety tests or repeat the ones conducted at the roadside. Like the tests at the roadside, the suspect may choose whether to perform them, except in the case of […]

Underage DWI/DUI

If a person is under the age of 21 and is charged with DUI/DWI, the conviction and penalty can be stiffer than those for an adult. For example, the Blood Alcohol Concentration limit for adults is .08 percent but can be .02 percent or even .01 percent for people under the age of 21 in […]

What can an attorney do for DWI/DUI?

Lea en español A qualified attorney can be very helpful for DUI/DWI charges. It is important to contact an attorney as soon as possible if you are involved with these charges. An attorney can review facts and check for errors in the evidence-gathering process, help negotiate your sentence and familiarize you with state laws and […]

DUI, DWI, OWI, OVI…

Each state differs in its use of the term DWI (driving while intoxicated or driving while impaired) or DUI (driving under the influence). Additional terms include OWI (operating while intoxicated), OVI (operating a vehicle under the influence) and BWI (boating while intoxicating).

What if an officer forgot to read you your rights when arresting for DUI/DWI?

A police officer must read you your Miranda rights if making an arrest for DUI/DWI. However, if the officer does not, it does not mean your case will be dismissed. It simply means that anything you said in the interaction or answers that you gave the officer are inadmissible. You can still be convicted based […]

What happens if I am pulled over for DWI/DUI?

In most states, you can expect the following sequence: A police officer pulls you over and questions your alcohol consumption. If the officer suspects you have been drinking, you’ll be asked to perform a series of field sobriety tests such as walking in a straight line or standing on one leg. If you fail, you […]

Types of sobriety tests

A field sobriety test is a test in which you must perform a series of coordinated activities, such as walking a straight line. Unlike a chemical test, most states consider field tests voluntary, and they may be refused. However, every state except Nevada requires you to submit to a Blood Alcohol Concentration test, such as […]

Penalty for DWI/DUI

States vary regarding penalties for first-time offenses. If you refuse to take a Blood Alcohol Concentration test or fail your BAC test, you may be subject to an administrative license suspension, which will suspend your license for a period of time. Check out the suspension guidelines and other DUI/DWI laws in your state.

Conviction formulas for DWI/DUI

Although many have advocated for uniform standards, different jurisdictions use different formulas for penalizing DWI/DUI. In 1991, the Transportation Department and the National Highway Traffic Safety Administration completed a report comparing and analyzing the different conviction formulas across the country. Although a bit dated, this report is filled with excellent information, including prosecution patterns and […]

Taking the test

If you refuse to take a blood alcohol concentration test, many states are empowered to enact administrative sanctions, such as suspending your license for between seven days and six months for first-time offenders, or longer for repeat offenders. Most states have this administrative license revocation; check your state with the chart at the bottom of […]

Open container law

Maybe you haven’t had a sip, but it’s illegal in thirty-six states to drive with an open alcoholic beverage container for any reason. See if your state has an open container law with the chart on the bottom of this page.

Know your limit

In most states, it was previously illegal to drive with a blood alcohol concentration (BAC) of .10%. In 2000, Congress successfully changed that to .08% BAC, and even withheld highway construction funds to states that did not adopt the .08% standard. Find out the BAC for your state.

Signs of impairment

The most frequent signs of impairment that are looked for during a sobriety checkpoint stop are: the odor of alcoholic beverages or drugs bloodshot eyes the presence of alcoholic containers or drug paraphernalia in the vehicle slurred or difficult speech fumbling or other physical signs of intoxication admission of drug or alcohol use inconsistent responses […]

DWI/DUI

Lea en español Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) is regulated on a state-by-state basis, allowing states to set different limits for different offenses. Some jurisdictions set substantially lower blood alcohol content (BAC) percentages for minors to be convicted of drunk driving. In every jurisdiction, there are circumstances where parties charged […]